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18 Aug Naturalisation- absences above the threshold

Posted on August 18, 2021 in Investing in the UK by
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Applicants wishing to naturalise as British citizens pursuant to the British Nationality Act 1981, should be aware of the absences requirement.

Migrants applying under section 6(1) must show that they have not been absent from the UK for more than 450 days in the last 5 years and no more than 90 days in the last 12 months. When making an application under section 6(2) of the Act (based on their marriage or civil partnership with a British citizen), they must evidence that their absences have not exceeded 270 days in the last 3 years and 90 days in the last 12 months.

Some applicants may find that they have exceeded the threshold mentioned above due to the nature of their career or other circumstances. However, an application can still be made provided they meet all the other requirements as the UKVI can exercise discretion to grant the application if a compelling case is made.

Excessive absences during the last 3 or 5 years

The UKVI will generally disregard absences in the range of 480 days (in the last 5 years) for applications made under section 6(1) and 300 days in the last 3 years under section 6(2)

If an individual has accumulated absences of up to 730 days and is applying under section 6(1), the UKVI will request evidence of residence in the UK during the 7 last years. The applicant will need to show that they have established their home, family and a substantial part of their estate in the UK during that time frame. If over 730 days, they will need to provide evidence of the above for the last 8 years period.

For absences of up to 450 days during the last 3 years under section 6(2), the UKVI will expect to  see evidence of residence covering the last 4-year period. For absences over 450 days, they will need to provide evidence of residence for the last 5 years.

Excess absences in the last 12 months

As previously mentioned, an applicant must not have been absent for more than 90 days in the last 12 months, prior to the date of application. However, the UKVI can disregard absences of up to 100 days.

If the applicant has absences in the range of 100-180 days, the applicant must show that they have strong links to the UK through the presence of family, employment and their home in the UK.

For absences over 180 days in the last 12 months, the UKVI will consider exercising their discretion where the applicant has demonstrated that they have made the UK their main home and there are exceptional circumstances.

Excess absences due to Covid-19

According to the current guidance, the UKVI will also take into consideration and exercise their discretion if ‘the applicant was unable to return to the UK because of [a] global pandemic.’ This is a welcomed amendment to the guidance, as a number of applicants may have found themselves stranded abroad due to travel restrictions or because they contracted the virus themselves.

If you wish to obtain further information on applying for British nationality, please do not hesitate to contact us on 02033843075.

The content of this article is for general use and information only. Since each case should be prepared on its own merit and in light of the constant amendments to the Immigration Rules, it is important to note that the information provided must not be relied upon unless Migra & Co has either given written consent or has been officially engaged in relation to a specific immigration matter. As a result, Migra & Co will take no responsibility for any damage, cost or loss resulting from relying on the information contained in this article, blog and website.